Personal Search / Personal Search Companies

Dear Mr Lister

FREEDOM OF INFORMATION REQUEST REF: 2010-031

I am writing to confirm that we received your information request on 11
January 2010. For your information and future communications your request
has been allocated the reference number FOI2010-031. Please quote this
reference in any future correspondence.

We will consider your request and respond in accordance with the
requirements of the Freedom of Information Act 2000. Our duty is to
respond promptly or at least within 20 working days.

Yours sincerely

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [1]http://www.rbkc.gov.uk

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Dear Mr Lister

ENVIRONMENTAL INFORMATION REGULATIONS REQUEST REF: 2010-031

I am responding to your request under the Freedom of Information Act 2000,
which we received on 11 January 2010 for information held by the Council.
You requested:

I wish to request copies of all communications (written and electronic)
which contain or relate to the following dates the year 2009 -

(a) Personal Search

(b) Personal Search Companies

Section 39 of the Freedom of Information Act provides that environmental
information shall be handled in accordance with the Environmental
Information Regulations (EIR). Your request has been handled in accordance
with EIR as it is our opinion that property and land information
constitutes environmental information. Personal searches are considered to
be administrative measures likely to affect the elements and factors
listed in paragraphs (a) and (b) of the definition of environmental
information as set out in regulation 2(1). For example, property and land
issues are likely to affect land use, landscape, waste generation and
disposal, water provision and drainage, energy use and noise, amongst
others.

I confirm that we hold the information requested. However we have decided
to withhold the information under the exception at regulation 12(4)(b) as
it is not easily retrievable.

Under Regulation 12(4)(b) EIR a public authority may refuse to disclose
information if the request is manifestly unreasonable. Your request is
large and vague. It will take a substantial amount of officer time to
search for such correspondence.

The exception obliges us to consider the public interest test, essentially
whether the public interest in disclosure outweighs the public interest in
maintaining the exception. It is reasonable to argue that it is in the
public interest release this information for reasons of openness and
transparency. It is our opinion that as a public funded organisation we
are expected to deliver a cost effective service to our clients. Answering
the request would involve serious disruption to the everyday work of the
Council which would override any arguments for releasing the information.
Therefore, we can advise that the cost involved in handling the request
outweighs the public interest in disclosure of the information.

Copyright

Please note, all material provided by the Royal Borough of Kensington and
Chelsea in response to your request for information is for your personal,
non-commercial use. The Royal Borough of Kensington and Chelsea reserves
all rights in the copyright of the information provided. Any unauthorised
copying or adaptation of the information without express written
confirmation from the Royal Borough of Kensington and Chelsea will
constitute an infringement of copyright. Any intention to re-use this
information commercially will require consent. Please forward any requests
for re-use of information to the FOI officer ([1][RBKC request email]).

Complaints

I trust this has satisfied your request. Should you be unhappy with the
handling of your request, the Council has an internal complaints process
for handling FOI Act complaints. Complaints are reviewed by the Town Clerk
and Chief Executive or his nominee. A form is available from our website
to lodge your complaint
[2]http://www.rbkc.gov.uk/councilanddemocra...
Please contact us if you do not have website access and we can provide you
with a copy of the form.

Following this review, should you still be unhappy with how your
information request has been handled, you have a further right to appeal
to the Information Commissioner who is responsible for ensuring compliance
with the FOI Act.

Yours sincerely

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [3]http://www.rbkc.gov.uk

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References

Visible links
1. mailto:[RBKC request email]
mailto:[RBKC request email]
2. http://www.rbkc.gov.uk/councilanddemocra...
http://www.rbkc.gov.uk/councilanddemocra...
3. http://www.rbkc.gov.uk/
http://www.rbkc.gov.uk/

Dear Mr Lister

I have considered your request for a review of the Council's response to
your FOI request of 11 January 2010.

I consider the response to be reasonable and appropriate and the original
decision is not therefore changed.

If you remain dissatisfied you may complain further to the Information
Commissioner.

Derek Myers

Town Clerk & Chief Executive

Royal Borough of Kensington & Chelsea

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